Case Citator › United States v. Jesse Pawlak

United States v. Jesse Pawlak

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Sixth Circuit
Citation
822 F.3d 902
Decided
Confirmed treatments
1
Flagged citations read
32 of 32
Citing cases (total)
32
Treatment dates
2017
Abrogated
A reviewed court treats this case as abrogated by later authority. United States v. Jesse Pawlak's holding that the advisory Sentencing Guidelines' residual clause is void for vagueness was abrogated by Beckles v. United States. The Supreme Court held that the advisory Guidelines are not subject to a vagueness challenge.
More on how this was screened

The Sixth Circuit expressly recognized that effect in United States v. Herring and United States v. Morris. Pawlak's separate firearms trafficking analysis continues to be cited. All 32 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

32 later cases cite United States v. Jesse Pawlak; 32 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court held that the advisory Guidelines' residual clause is not void for vagueness, displacing Pawlak's contrary holding.

    Beckles v. United States · Supreme Court of the United States · filed

    Accordingly, we hold that the advisory Sentencing Guidelines are not subject to a vagueness challenge under the Due Process Clause and that §4B1.2(a)’s residual clause is not void for vagueness.
    Read the full opinion on CourtListener →

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